건물공사 하수급인의 유치권

Abstract

This paper presents the problem in the first chapter. I analyze chapter Ⅱ whether the case had the existence requisite of the lien. And I present the conclusion about the lien human desire yes or no of the building construction of the subcontractor chapter Ⅲ. The case which the subcontractor insists the lien in an building construction for the construction cost credit. The building owner or contractor denies the existence of the lien. And then do the detective complaint for the reason to hinder the business, present a civil affairs delivery lawsuit. Namely, the problem of the subcontractor of a lien contention stretches at a civil affairs detective and gets up. We must determine the lien recognizing to a civil law subcontractor we serve the solution of this problem. The problem of the detective. The processing can be altered according to the subcontractor of such civil affairs. These case which are suggested in the paper, The problem to hinder the business by the occupation does not come into being, If the objective occupation of the subcontractor is the event of legal lien. On the other hand, If the lien does not form, Unlawful occupation becomes and formes business interference about the contractor or the possossor. However, We have the difficulty of a detective business processing, because of the leading research about an real estate subcontractor lien does not exist, except the special cases. Accordingly, I treated and studied on the lien could be formed to the subcontractor of the building construction in this theory is suggested the problem, and then I try to offer the criteria for the subcontractor. We may become the data of the detective problem solution with the conclusion to get applies at the detective business. And we can be utilized to the system and information for the protection of the subcontractor.